Bombay High Court
Manish Venudhar Buradkar vs The State Of Maharashtra Thr. Pso Ps ... on 19 September, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:11105-DB
1 928.apl.499.2024 J..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.499 OF 2024
Manish s/o Venudhar Buradkar, aged
34 years, Occ- Interior Designer, r/o
Plot No.41, Amrapali Nagar,
Hudkeshwar Road, Nagpur.
...APPLICANT
VERSUS
1. State of Maharashtra, through
PSO Belatrodi Police Station, Nagpur.
2. XYZ, Age about years, Occ -
Airhostess, r/o ABC, Nagpur.
... NON-APPLICANTS
__________________________________________________________
Shri R.K. Tiwari, Advocate for the applicant.
Mrs. Deshmukh, Addl.P.P. for the State.
Shri M.G. Pullarwar, Advocate h/f Shri A. Borkar,
Advocate for non-applicant no.2.
__________________________________________________________
CORAM : VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.
DATED : 19.09.2024.
ORAL JUDGMENT : (Per : Vinay Joshi, J.)
Heard. ADMIT. Heard finally with the consent of
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both sides.
2. This is an application in terms of Section 482 of the
Code of Criminal Procedure ('the Code) seeking to quash the
criminal prosecution bearing Sessions Trial No.103 of 2024
arising out of First Information Report (FIR) No.642 of 2023
registered with the Beltarodi Police Station, Nagpur City for
the offence punishable under Sections 376(2)(n), 342, 294,
323, 504 and 506 of the Indian Penal Code.
3. The applicant is principally facing prosecution for
the offence of repetitive sexual intercourse by obtaining
consent of the victim by deceitful means. Learned Counsel
appearing for the applicant would submit that the FIR coupled
with the material collected during the course of investigation
would indicate that the contents of the report are maliciously
false, made out of vengeance. He would submit that rather
the material indicates that the informant made several false
statements while lodging the report. It is submitted that the
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very foundation of prosecution is false and on such nebulous
material, the applicant cannot be compelled to face the ordial
of trial.
4. The application is resisted by the learned Counsel
appearing for the informant as well as the learned Addl.Public
Prosecutor by submitting that prima faice case has been made
out. The informant has specifically stated that the applicant
has obtained her consent by deceitful means. Moreover, this is
not a stage to evaluate or marshall the worth of evidence,
which is the domain of trial.
5. The facts in brief are that, the informant lady aged
23 years has lodged the report on 03.11.2023, on the basis of
which crime has been registered. The Police carried the
investigation, and on completion, filed the charge-sheet. It is
informed that till date charges have not been framed. The
informant lady has studied Interior Designing course. In the
year 2021, she was doing internship, where she got
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acquainted with her fellow colleague applicant Manish. It is
her case that Manish pretended to be bachelor and on said
pretext has proposed her for marriage. In the month of
December, 2021 despite her resistance, Manish had physical
relations with her in the service apartment of a Hotel. Later,
she insisted for the marriage, however the applicant used to
avoid the subject. The Informant discontinued her
employment. The applicant insisted her to join at new
establishment, which she did in the month of the year 2022.
At that time, she learnt that Manish was married long back in
the year 2014 and also having two daughters from the
marriage. On query, Manish replied that he is about to take
divorce.
6. It is alleged that in the month of April, 2022
Manish took informant to the service apartment at Besa under
the pretext of site visit. He tried to make physical advances to
which she resisted. However, Manish beat her and by putting
her under threat of making viral her obscene photographs,
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had sexually abused her. The informant stated that again in
the month of July 2022, Manish took her to Hotel Arjun at
Ganeshpeth, Nagpur, and established sexual relations. Rather
on that day, he has confined the informant till the next
morning. The informant got rid of the sexual harassment and
to escape from the situation got married on 22.11.2022 with
her erstwhile friend (not Manish).
7. After marriage, she started to reside at her
matrimonial house at Bhiwapur, Taluka Umred, District
Nagpur. In the month of November 2022, she has joined as a
Cabin Crew Member in the Indigo Airlines. During the period
of March 2023 to June 2023, she has undergone the training
at Delhi. In the month of May 2023, Manish asked her to
come back failing which threatened to expose her obscene
photographs to her in-laws. The informant returned from
Delhi and at that time, Manish confined her for 4 to 5 days in
the office at Sakkardara and during said period sexually
exploited her. Finally, the things went unbearable which
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caused her to approach to the police for lodging the report on
03.11.2023. During the course of investigation, the Police
have recorded statement of various witnesses and on
completion filed charge-sheet.
8. It is applicant's case that, both were in relationship
since long and it is purely a case of consensual relations. The
Informant was well aware of his marital status but she
willingly maintained extra-marital relations even after her
marriage. The applicant stated that the false report is lodged
with ulterior motive.
9. The entire thrust of the applicant Manish is on the
electronic material, which he produced to expose the falsity of
the police report. The applicant has produced several
photographs, What's App chats and voice messages to impress
that there was consensual relationship between two well
educated adults. At the inception we may note that the
informant has not disputed the printout of electronic
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communication produced on record. While exercising our
exceptional powers, we see no difficulty in going through the
material, since the very object of investing inherent powers to
this Court is to secure the ends of justice and prevent the
abuse of the process of Court. Moreover, these Photographs,
What's App chats forms a part of the charge-sheet, thus we
can very well go through for the purpose of this petition.
10. In order to make out a case of consensual
relationship, we have been taken through various printout of
communication to which we are coming one by one. The
applicant has produced photographs (pages 121-122) to show
the friendly relations between the informant with the
applicant's family. Particularly, our attention has been drawn
to the photographs snapped on 12.12.2021 and 14.12.2021,
wherein the informant was seen with the applicant and his
two daughters. The purpose of showing these photographs is
to falsify the informant's case that till March 2022, she was
unaware about the marital status of the applicant Manish.
8 928.apl.499.2024 J..odt
These photographs snapped prior to March 2022, particularly
with the applicant and his two kids, heavily goes against the
informant's statement that till March 2022, she was unaware
about the marital status of the applicant.
11. The applicant has produced voice chats and
messages exchanged in between the informant and the
applicant's wife Kiran dated 17.07.2022 (page 124-127).
These messages are clear enough to convey the close relations
between the both. Rather the informant conveyed to Kiran
that she was aware about the marital status, but she has a
passion with her husband and desires to continue the
relationship. The very fact that the informant was transacting
with the applicant's wife itself discloses that she knows
everything, but still she is not ready to leave the applicant.
The Police have recorded statement of the applicant's wife
Kiran, which has thrown much light on the episode. She
stated that she came to know about illicit relations. She tried
to convince the informant to spare her marital life, but the
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informant was not ready to leave her husband. It is quite
evident that there is no substance or ring of truth in the
informant's contention that the applicant pretended to be
bachelor and under threat maintained relations.
12. The applicant took us through various voice
messages in between the both, and curiously in between the
applicant with the informant's husband and sometime all
three talked together (page 131 to 157). As per the
informant's own case, she got married with someone else on
22.11.2022. In that context, we have seen the conversation in
between the parties. Voice message dated 02.11.2022 was
soon before the marriage in between all three, wherein the
informant despite her engagement was conveying everything
and was cursing her would be husband. Our attention has
been invited to voice message dated 29.11.2022 i.e. after one
week from her marriage, wherein she has expressed that she
has relations with the applicant and asked her husband to
accept and compromise the situation. Another voice message
10 928.apl.499.2024 J..odt
dated 29.11.2022 (page 142) indicates that she conveyed to
the applicant that her husband came to know that yesterday
she had sex and on said count there was quarrel. The
conversation is in series, but we have gone through some like
part of conversation dated 06.04.2023 (page 156), wherein
she has specifically expressed her love and relationship with
the applicant though already married. Thus, it is evident from
the entire material, which is a part of charge-sheet, that
despite knowing applicant's marital status, she had
maintained relations with him.
13. Learned Counsel for the informant would submit
that both may be in relationship, but she has been exploited
under the threat of making her photographs viral. In this
regard, he took us through the statement of the informant's
father-in-law (page 89), wherein he stated that on
29.05.2023, they had a meeting perhaps to resolve the issue.
At the relevant time, applicant Manish made certain physical
advances with the victim. When the father-in-law has
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questioned, the applicant stated that he is in relationship with
the informant and he would make viral her obscene videos
and photographs. Similar statement of one Sushant (page 83)
has been pressed into service. Pertinent to note that, the
informant never spoke about such meeting dated 29.05.2023
and threats given to her in-laws as alleged. Rather these
statements indicate that, threat was given to desist the
informant's husband's family members from coming in the
way of their relationship.
14. Looking the matter from another angle, we can
understand that under threat a lady may submit herself
against her wish, but it is unconscionable that continuously
she was expressing her love in disregard to her own marriage.
Obviously, that cannot be under a threat but it would expose
the intimacy and relationship in between them. Rather most
of the messages convey her instinct, zeal and passion for the
applicant. Moreover, the chats indicate that despite her
marriage, in total disregard to the sanctity of relationship, she
12 928.apl.499.2024 J..odt
continued her extra-marital relations. Since inception, she
expressed that she would be loyal to the applicant and not to
her husband.
15. As regards to the allegation of her confinement in
the month of May 2023 in the office at Sakkardara, we have
been taken through two statements (page 84 and 85) of the
office employees, who have stated that during the said period
the informant returned from Delhi and at her own stayed in
the office. During said period, she was quite free as she was
moving out as and when she wishes. These statement shatters
the very allegation that she was kept in confinement.
16. The informant is well educated lady. She was well
versed with worldly affairs. She has joined Airline Company
as a Crew Member meaning thereby she was not rustic lady
rather was having a good ken of understanding. The
informant's employment in Aviation Industry persuades us to
presume that she is sagacious lady knows well worldly affairs.
13 928.apl.499.2024 J..odt
The material indicates that she had knowingly maintained
relations with her office colleague despite his marital status.
On an often, they visited at various places to cater their
physical need. Despite her marriage with someone else, she
was keen in continuing relations with the applicant. In such a
background, it is not possible to accept that under pretext of
false assurance of marriage, she has been sexually exploited.
17. Facing a criminal trial may attract various
disadvantages. In order to remedied the situation, this Court
is vested with inherent powers. True, the powers are to be
exercised sparingly in befitting cases, but Court should not be
hesitant to step in when a deserving case is made out to
achieve the very object of such powers. A Court proceding
ought not to be permitted to degenerate into a weapon of
harassment or persecution.
18. Taking over all view of the matter, it is evident that
it is purely a case of consensual relationship. The allegations
levelled in the FIR have been completely shattered by the
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material, which is the part of charge-sheet. The case squarely
falls in the category no.7 as laid down by the Supreme Court
in case of State of Haryana and ors. vs. Ch. Bhajan Lal and
ors. AIR 1992 SC 604. In these circumstances, continuation
of prosecution amounts to abuse of the process of Court. The
overwhelming material falsifies the informant's case, but
tends to show that with ulterior motive case has been filed.
Thus, it is a kind of case where the Court must exercise its
inherent powers to secure the ends of justice.
19. In view of above, the application is allowed. We
hereby quash and set aside the criminal prosecution bearing
Sessions Trial No.103 of 2024 arising out of First Information
Report (FIR) No.642 of 2023 registered with the Beltarodi
Police Station, Nagpur City for the offence punishable under
Sections 376(2)(n), 342, 294, 323, 504 and 506 of the Indian
Penal Code.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Trupti
Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 05/10/2024 10:38:53
